Category: Crime Investigation, DNA Detecting the Presence of Male DNA in Cases of Sexual Assault without Ejaculation TASA ID: 3158 If a sexual assault occurs and there is no ejaculation, is it still possible to detect and identify a male assailant? Traditional forensic DNA analysis of sexual assault-type samples focuses on the identification and typing of sperm cells collected from the victim's body, clothing, or bedding. Read more
Category: Crime Investigation, Employment Interrogation Safeguards TASA ID: 2483 An article entitled, “WHEN EMPLOYEES CONFESS, SOMETIMES FALSELY” appeared in the business section of the March 9, 2014, edition of The New York Times. It discussed the interrogation of employees suspected of misconduct, mainly theft, by private persons acting in an employer's behalf, pointing out that confessions, when obtained, are not always true or necessarily accurate. Rather, they result from what might best be described as questionable interrogation techniques. The article did not discuss legal action that might be taken by an employee subjected to an interrogation, whose reputation is sullied thereby, against his or her employer. Read more
Category: Computer/Internet, e-Discovery 6 Practical Search Lessons Learned from I-Med Pharma, Inc. TASA ID: 4285 Within the last year, there have been many decisions from the bench providing guidance on the handling of electronically stored information (ESI). One particular case that stands out is I-Med Pharma, Inc. v. Biomatrix, Inc., No. 03-3677 (DRD), 2011 WL 6140658 (D.N.J. Dec. 9, 2011) which will be referred to here as simply the I-Med Pharma case. In this specific case, the United States District Court for the District of New Jersey reached a decision affirming a prior judgment by Magistrate Judge Michael Shipp. The defendant appealed the original decision by Judge Shipp not to force the plaintiff to search and review an estimated 95 million pages of records found in the unallocated space on its computer systems using keyword search terms previously agreed upon by both parties. Read more
Category: Computer/Internet, e-Discovery The Three Things You MUST Do Before Starting Your ESI Review TASA ID: 4285 Even the seemingly simplest document reviews can get derailed without proper preparation. It is important to keep in mind that although e-Discovery can be intimidating, it still has a basis in the standard practices of the discovery itself. The potential difficulties that can arise when adding ESI to the mix can be prevented through the application of a systematic process. Read more
Category: Chemicals / Toxic Substances Scientific Evidence and Causation of Toxicity TASA ID: 1111 Establishing causation is a critical - if not the most important - task when allegations of harm are made. This is particularly true for adverse consequence arising from illicit drugs, pharmaceuticals, dietary supplements, and other chemicals. Causation of adverse health effects and even wrongful death requires more than demonstrating an association or connection. Knowing whether or not there is a causal link between a toxicant and a claimed adverse health effect is important for both plaintiffs and defendants. Read more
